Mapping the terrain of disability legislation: the case of Israel

^†All authors contributed equally to this work.

Abstract

In this study we systematically map and analyze all disability-related laws and regulations in Israel from 1948 – the year the State of Israel was established – to the present. All 55 laws and 124 regulations (and their amendments) that addressed disability were analyzed via qualitative content analysis; we categorized the legislation into either bio-medical-based policy or rights-based policy. Findings show that most of the legislation reflects the bio-medical approach. Bio-medical-based legislation is being carried out in Israel alongside rights-based legislation even after the enactment of the Equal Rights for Persons with Disabilities Law of 1998. It seems that legislators tend to perceive disability as synonymous to impairment, as a personal tragedy and a medical problem, rather than as a civil rights issue.

Keywords:

• disability legislation
• bio-medical model
• social model
• Israel

Acknowledgements

The authors wish to thank Karine Elharrar and Maya Gaffan from the Disability Rights Clinic of the Law Faculty in Bar Ilan University, as well as the Clinic’s students. They also thank research assistants Omri Kozi, Moran Markovich-Dahan and Meytal Hendri for their great work.

Notes

^† All authors contributed equally to this work.

1. A comprehensive list of completed regulations can be found online in Hebrew: http://www.justice.gov.il/MOJHeb/Templates/Justice_Heb/JusticeGeneralTemplate_2.aspx?NRMODE=Published&NRNODEGUID=%7b720DE670-C49F-4196-9D98-5FD69C9DDB79%7d&NRORIGINALURL=%2fMOJHeb%2fNetzivutNEW%2fMishpati%2fHakika%2f&NRCACHEHINT=Guest#Takanot. A comprehensive list of drafts of regulations can be found online in Hebrew: http://www.justice.gov.il/MOJHeb/Templates/Justice_Heb/JusticeGeneralTemplate_2.aspx?NRMODE=Published&NRNODEGUID=%7b720DE670-C49F-4196-9D98-5FD69C9DDB79%7d&NRORIGINALURL=%2fMOJHeb%2fNetzivutNEW%2fMishpati%2fHakika%2f&NRCACHEHINT=Guest#Takanot

2. Known today as the Invalids (Compensation and Rehabilitation) [Consolidated Version] Law of 1959.

3. Ministry of Justice website: http://old.justice.gov.il/mojeng/

4. Known today as the Ministry of Welfare and Social Affairs.

Additional information

Funding

Funding. This work was supported by the Division for Research and Planning of the National Security Institute of Israel.